INTRODUCTION
K.E. Snell & SOTA Pty. Ltd (trading as ‘Two of the Best’) is the owner operator of the charter vessels ‘A.Q.A’ and ‘State of the Art’.
CHARTER CONFIRMATION
A tentative booking will be held for 1 week only, or until another party wants to book. Upon verbal confirmation from the Charterer the management of ‘State of the Art’ & ‘A.Q.A’ (henceforth called ‘Two of the Best’) will issue
an invoice for a deposit (which is calculated on 50% of the total charter cost). Deposit can be paid by EFT, by cheque or Visa, Mastercard or American Express. Note there is a 2% fee for credit cards. If the deposit is not received in a timely manner, ‘Two of the Best’ reserves the right to cancel the reservation.
Where less than 7 days notice is given full payment is required to confirm charter.
TERMS OF PAYMENT
The balance of the event account is due prior to the charter. We will request credit card details as a deposit for a consumption bar or any additional charges. Additional charges including consumption bar, time extensions or other outstanding amounts must be paid within 7 days of the charter being completed. (These can be paid by EFT, cheque, Visa, Mastercard or American Express. Note: There is a 2% fee for credit cards)
TIME EXTENSION
For any time extension the per hour vessel hire charge is applicable. In addition a labour surcharge of $35 per additional hour per wait staff is applicable for every additional hour or part thereof.
CANCELLATION
More than 60 days prior: Deposit will be refunded less a $250 management fee if another booking is secured for the same time slot. Between 60-14 days prior: Loss of deposit. Less than 14 days prior: Loss of deposit and a cancellation fee applies – consideration will be given to food, staff and boat costs incurred due to cancellation.
In the case that either of the vessels is not available for a pre-organised event due to a system failure, ‘Two of the Best’ Management reserves the right to assign another Marine Vessel of equal size and quality for the organised event at their own discretion.
FOOTWEAR
We reserve the right to check all footwear worn onboard, No stiletto heels are to be worn aboard either vessel.
GUARANTEED NUMBERS
To ensure our maximum efficiency, a guaranteed number of guests attending the charter is required five working days prior to the event. This will be regarded as the minimum number for catering and charging. Numbers can only increase after this time.
VESSEL RENTAL
Depending on the time of year, catering numbers and catering requirements, varying rates of vessel hire may apply. Although every effort is made to maintain prices as per the original quote, all prices are subject to variation. ‘Two of the Best’ will notify of such change no later than 30 days before the Event.
SECURITY
‘Two of the Best’ reserves the right to take any steps it deems necessary to ensure the safety and security of guests and their vessels. This may include baggage checks. If firearms are to be carried on board they must be declared and the holders must be able to produce the necessary licences.
GOODS & SERVICES TAX (GST)
A Good and Services Tax (GST) is inclusive to all items quoted by ‘Two of the Best’.
INSURANCE AND DAMAGE
The Charterer assumes the responsibility for any and all damage or loss of merchandise left aboard ‘State of the Art’ or ‘A.Q.A’, prior, during, or after a Charter. It is the Charterer’s responsibility to ensure that all guests are aware of the risks involved in leaving personal items unattended. Guests should arrange their own insurance. The Charterer also assumes responsibility for any and all damage caused by him/her or any of his/her guests, invitees or other persons attending the Charter.
WATER SPORTS
Guests who choose to swim from the back or any part of ‘State of the Art’ or ‘A.Q.A’ do so at their own risk. ‘Two of the Best’ is not responsible for injuries by any guests attending any event in relation to water sports from the back or any part ‘State of the Art’ or ‘A.Q.A’.
DISPLAYS & SIGNAGE
No items are to be attached, pinned, nailed, screwed, stapled or glued to the wall, door or any other surfaces of the Vessel. The use of blue tac is permitted only with the prior approval of the Captain. Any damages to State of the Art property will be at the Charterer’s expense.
RESPONSIBLE SERVICE OF ALCOHOL
As the licensee, ‘Two of the Best’ is bound by the NSW Liquor Act and must abide by the guidelines for the responsible serving of alcoholic drinks as stated in posters displayed at the bar and in the vessels’ house policies, with particular regard to the refusal of service of alcohol to either intoxicated persons or guests under the age of 18, and may refuse service to any individual at the managements’ absolute discretion. Please note that it is an offence for individuals to carry liquor from the vessel on disembarkation. Indecent behavior on a licensed vessel is strictly prohibited under the NSW Liquor Act.
CHARTER COURSE
The course to be undertaken during the Charter may be agreed in advance with the with the Ship’s Master on the occasion of the Charter; however the Charterer acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew. Guests are given a 15 minute window in which to disembark after a cruise – time in excess of this is charged at a pro-rata hourly rate.
RESPONSIBILITY OF HIRER
The Charterer is at all times responsible for the conduct of the Charterer’s group.
DAMAGE TO THE VESSEL
The Charterer shall indemnify ‘Two of the Best’ in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer’s group, fair wear and tear excepted.
LIMIT OF LIABILITY
It is a condition of the Charter that the liability of the Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth).
INDEMNITY
The Charterer agrees to indemnify and hold harmless ‘Two of the Best’, its agents and employees, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by ‘Two of the Best’ or members of the Charterer’s group. The Operator is not liable for any death, loss, damage or injury to any person or property which occurs and is attributable to or associated with:
(i) Failure to follow any reasonable direction given by the master or crew;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behavior;
(v) Willful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.
